Appeal of Stoughton
Supreme Court of Pennsylvania
Appeals from the Orphans’ Court of Butler county: Of October and November Term 1875, Nos. 110 and 130. These appeals were those of H. L. Taylor, John Satterfield, J. J. Yandegrift and George Y. Foreman, parties doing business as H. L. Taylor & Co., John Siggins, Peter Hutchinson, Peter Grace, William G. Stoughton and David C. Rankin, guardians of Lewis Brown and Minerva Brown, minor children of Josiah Brown, appellants, and James M. Lambing, John A. Lambing, A. L. Campbell…
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Appeals from the Orphans’ Court of Butler county: Of October and November Term 1875, Nos. 110 and 130. These appeals were those of H. L. Taylor, John Satterfield, J. J. Yandegrift and George Y. Foreman, parties doing business as H. L. Taylor & Co., John Siggins, Peter Hutchinson, Peter Grace, William G. Stoughton and David C. Rankin, guardians of Lewis Brown and Minerva Brown, minor children of Josiah Brown, appellants, and James M. Lambing, John A. Lambing, A. L. Campbell and Robert L. Brown, appellees. And the appeal of H. L. Taylor, W. G. Stoughton et al., from the decree of the Orphans’…
1Opinion of the CourtJustice Gordon
A guardian has, ordinarily, power to lease any of his ward’s property that is of such character as makes it the subject of a lease, but without the approval of the Orphans’ Court ho cannot dispose of any part of the realty. Oil, however, is a mineral, and being a mineral is part of the realty: Funk v. Haldeman, 3 P. F. Smith 229.
In this it is like coal or any other natural product which in situ forms part of the land. It may become, by severance, personalty, or there may be a right to use or take it originating in custom or proscription, as the right of a life-tenant to work opened mines, or…
2Cited by23 opinions
- Gas Products Co. v. RankinMontana Supreme Court · 1922
- Marshall v. MellonSupreme Court of Pennsylvania · 1897
- Ohio Oil Co. v. DaugheteeIllinois Supreme Court · 1909
- Crain v. WestCourt of Appeals of Kentucky · 1921
- Poole v. Union Trust Co.Michigan Supreme Court · 1916
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